DIPAK BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of filing this criminal revision petition, petitioner Dipak Bhowmik has challenged the judgment dated 06.12.2018 passed by the Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal No. 11(1) of 2018 affirming the judgment and order of conviction and sentence dated 29.01.2018 passed by the Chief Judicial Magistrate, Gomati Judicial District whereby petitioner Dipak Bhowmik was convicted under section 326 IPC and sentenced to RI for 2(two) years and fine of Rs.5,000/- with default stipulation.

(2.) Maintainability of the conviction and sentence of the accused under section 326 IPC is the core question to be decided in this criminal revision petition. Therefore, before adverting to the factual score, it would be appropriate to have a look into the relevant statute. For the sake of convenience, section 326 IPC is set out herein below:

(3.) It would emerge from the statute that for conviction under section 326 IPC it has to be essentially proved that accused voluntarily caused grievous hurt to the victim by dangerous weapons or means. Section 320 IPC has designated certain kinds of hurt as grievous hurt which are as under: